HIBRARY OF CONGRESS. 



FORCE COLLECTION.] Q 



i 



(UNITED STATES OF AMERICA. 



VI <» 



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VI ^ 



Printed and sold by John C. Clark, 
60 Dock Street, Philadelphia. 



AMENDMENTS 

TO 

THE CONSTITUTION OP PENNSYLVANIA, 

PROPOSED BY A CONVENTION 

TO 

A VOTE OF THE PEOPLE, 

For their Ratification or Rejection, on the Second Tuesday of October, 1838 
TOGETHER WITH THE EXISTING CONSTITUTION. 



Constitution of 1790. 

(Parts stricken out in Italics.) 

ARTICLE I. 

Sect. I. The Legislative power of this 
Commonwealth shall be vested in a Gene- 
ral Assembly, which shall consist of a Se- 
nate and House of Representatives. 

Sect. II. The Representatives shall be 
chosen annually by the citizens of x the city 
of Philadelphia and of each county respec- 
tively, on the second Tuesday of October. 

Sect. III. No person shall be a Repre- 
sentative who shall not have attained the 
age of twenty-one years, and have been a 
citizen and inhabitant of the State three 
years next preceding his election, and the 
last year thereof an inhabitant of the city or 
county in which he shall be chosen, unless 
he shall have been absent on the public bu- 
siness of the United States or of this State. 
No person residing within any city, town 
or borough, which shall be entitled to a 
separate representation, shall be elected a 
member for any county, nor shall any 
person residing without the limits of any 
such city, town or borough, be elected a 
member thereof. 

Sect. IV. Within three years after the 
first meeting of the General Assembly, and 
within every subsequent term of seven 

A 



Constitution of 1838. 

(Amendments in Italics.) 

ARTICLE I. 

Sect. I. The Legislative power of this 
Commonwealth shall be vested in a Gene- 
ral Assembly, which shall consist of a Se- 
nate and House of Representatives. 

Sect. II. The Representatives shall be 
chosen annually by the citizens of the city 
of Philadelphia and of each county respec- 
tively, on the second Tuesday of October. 

Sect. III. No person shall be a Repre- 
sentative who shall not have attained the 
age of twenty-one years, and have been a 
citizen and inhabitant of the State three 
years next preceding his election, and the 
last year thereof an inhabitant of the dis- 
trict in and for which he shall be chosen a 
Representative, unless he shall have been 
absent on the public business of the United 
States or of this State. 



Sect. IV. Within three years after the 
first meeting of the General Assembly, and 
within every subsequent term of seven 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. V* >. 



Constitution of 1*790. 

(Parts stricken out in Italics.) 

years, an enumeration of the taxable inha- 
bitants shall be made in such manner as 
shall be directed by law. The number of 
Representatives shall at the several periods 
of making such enumeration, be fixed by 
the Legislature, and apportioned among the 
city of Philadelphia and the several coun- 
ties, according to the number of taxable in- 
habitants in each: And shall never be less 
than sixty nor greater than one hundred. 
Each c6unty shall have at least one Repre- 
sentative, but no county hereafter erected 
shall be entitled to a separate representation 
until a sufficient number of taxable inhabit- 
ants shall be contained within it, to entitle 
them to one Representative, agreeably to 
the ratio which shall then be established. 

Sect. V. The Senators shall be chosen 
for four years by the citizens of Philadel- 
phia and of the several counties at the same 
time, in the same manner, and at the same 
places where they shall vote for Represen- 
tatives. 

Sect. VI. The number of Senators 
shall, at the several periods of making the 
enumeration before mentioned, be fixed by 
the Legislature, and apportioned among the 
districts formed as hereinafter directed, ac- 
cording to the number of taxable inhabit- 
ants in each; and shall never be less than 
one-fourth, nor greater than one-third, of 
the number of Representatives. 

Sect. VII. The Senators shall be chosen 
in districts, to be formed by the Legisla- 
ture; each district containing' such a 
number of taxable inhabitants as shall 
be entitled to elect not more than four 
Senators; when a district shall be com- 
posed of two or more counties, they shall 
be adjoining; neither the city of Philadel- 
phia nor any county shall be divided in 
forming a district. 



Sect. VIII. No person shall be a Sena- 
tor who shall not have attained the age of 
twenty-five years and have been a citizen 
and inhabitant of the State four years next 
before his election, and the last year thereof 
an inhabitant of the district for which he 
shall be chosen, unless he shall have been 
absent on the public business of the United 
States or of this State. 



Constitution of 1838. 

{Amendments in Italics.) 
years, an enumeration of the taxable inha- 
bitants shall be made in such manner as 
shall be directed by law. The number of 
Representatives shall at the several periods 
of making such enumeration, be fixed by 
the Legislature, and apportioned among the 
city of Philadelphia and the several coun- 
ties, according to the number of taxable in- 
habitants in each: And shall never be less 
than sixty nor greater than one hundred. 
Each county shall have at least one Repre- 
sentative, but no county hereafter erected 
shall be entitled to a separate representation 
until a sufficient number of taxable inhabit- 
ants shall be contained within it, to entitle 
them to one Representative, agreeably to 
the ratio which shall then be established. 

Sect. V. The Senators shall be chosen 
for three years by the citizens of Philadel- 
phia and of the several counties at the same 
time, in the same manner, and at the same 
places where they shall vote for Represen- 
tatives. 

Sect. VI. The number of Senators 
shall, at the several periods of making the 
enumeration before mentioned, be fixed by 
the Legislature, and apportioned among the 
districts formed as hereinafter directed, ac- 
cording to the number of taxable inhabit- 
ants in each; and shall never be less than 
one-fourth, nor greater than one-third, of 
the number of Representatives. 

Sect. VII. The Senators shall be chosen 
in districts, to be formed by the Legislature; 
but no district shall be so formed as to 
entitle it to elect more than two Senators, 
unless the number of taxable inhabitants 
in any city or county shall, at any time, 
be such as to entitle it to elect more than 
two, but no city or county shall be enti- 
tled to elect more than four Senators; 
when a district shall be composed of two or 
more counties, they shall be adjoining; nei- 
ther the city of Philadelphia nor any county 
shall be divided in forming a district. 

Sect. VIII. No person shall be a Senator 
who shall not have attained the age of twen- 
ty-five years and have been a citizen and 
inhabitant of the State four years next be- 
fore his election, and the last year thereof 
an inhabitant of the district for which he 
shall be chosen, unless he shall have been 
absent on the public business of the United 
States or of this State; and no person elect- 
ed as aforesaid shall hold said office after 
he shall have removed from such district. 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



Constitution of 1790. 

(Parts stricken out in Italics.) 

Sect. IX. Immediately after the Se- 
nators shall be assembled in consequence 
of the first election, subsequent to the 
first enumeration, they shall be divided 
by lot, as equally as may be, into four 
classes. The seats of the Senators of the 
first class shall be vacated at the expira- 
tion of the first year, of the second class 
at the expiration of the second year, of 
the third class at the expiration of the 
third year, and of the fourth class at the 
expiration of the fourth year ; so that 
one-fourth may be chosen every year. 



Sect. X. The General Assembly shall 
meet on the first Tuesday of December, in 
every year, unless sooner convened by the 
Governor. 

Sect. XI. Each House shall choose its 
Speaker and other officers; and the Senate 
shall also choose a Speaker pro tempore, 
when the Speaker shall exercise the office 
of Governor. 

Sect. XII. Each House shall judge of 
the qualifications of its members. Contest- 
ed elections shall be determined by a com- 
mittee to be selected, formed and regulated 
in such manner as shall be directed by law. 
A majority of each House shall constitute a 
quorum to do business; but a smaller num- 
ber may adjourn from day to day, and may 
be authorized by law to compel the attend- 
ance of absent members, in such manner 
and under such penalties as may be pro- 
vided. 

Sect. XIII. Each House may determine 
the rules of its proceedings, punish its mem- 
bers for disorderly behaviour, and with the 
concurrence of two-thirds, expel a member, 
but not a second time for the same cause; 
and shall have all other powers necessary 
for a branch of the Legislature of a free 
State. 



Sect. XIV. Each House shall keep a 
journal of its proceedings, and publish them 
weekly, except such parts as may require 
secrecy: and the yeas and nays of the mem- 
bers on any question shall, at the desire of 



Constitution of 1§38. 
(Amendments in Italics.) 

Sect. IX.. The Senators who may be 
elected at the first General Election after 
the adoption of the amendments to the 
Constitution, shall be divided by lot into 
three classes. The seats of the Senators 
of the first class shall be vacated at the 
expiration of the first year ; of the second 
class at the expiration of the second year ; 
and of the third class at the expiration of 
the third year ; so that thereafter one- 
third of the whole number of Senators 
may be chosen every year. The Senators 
elected before the amendments to the Con- 
stitution shall be adopted shall hold their 
offices during the terms for which they 
shall respectively have been elected. 

Sect. X. The General Assembly shall 
meet on the first Tuesday of January, in 
every year, unless sooner convened by the 
Governor. 

Sect. XI. Each House shall choose its 
Speaker and other officers; and the Senate 
shall also choose a Speaker pro tempore, 
when the Speaker shall exercise the office 
of Governor. 

Sect. XII. Each House shall judge of 
the qualifications of its members. Contest- 
ed elections shall be determined by a com- 
mittee to be selected, formed and regulated 
in such manner as shall be directed by law. 
A majority of each House shall constitute a 
quorum to do business; but a smaller num- 
ber may adjourn from day to day, and may 
be authorized by law to compel the attend- 
ance of absent members, in such manner 
and under such penalties as may be pro- 
vided. 

Sect. XIII. Each House may determine 
the rules of its proceedings, punish its mem- 
bers for disorderly behaviour, and with the 
concurrence of two-thirds, expel a member, 
but not a second time for the same cause; 
and shall have all other powers necessary 
for a branch of the Legislature of a free 
State. 

Sect. XIV. The Legislature shall not 
have power to enact laws annulling the 
contract of marriage in any case where, 
by law, the courts of this Commonwealth 
are, or hereafter may be, empowered to 
decree a divorce. 

Sect. XV. Each House shall keep a 
journal of its proceedings, and publish them 
weekly, except such parts as may require 
secrecy: and the yeas and nays of the mem- 
bers on any question shall, at the desire of 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



Constitution of 1790. 

{Parts stricken out in Italics.) 

any two of them, be entered on the jour- 
nals. 

Sect. XV. The doors of each House 
and of Committees of the Whole shall be 
open, unless when the business shall be 
such as ought to be kept secret. 

Sect. XVI. Neither House shall, with- 
out the consent of the other, adjourn for 
more than three days, nor to any other 
place than that in which the two Houses 
shall be sitting. 

Sect. XVII. The Senators and Represen- 
tatives shall receive a compensation for their 
services to be ascertained by law, and paid 
out of the treasury of the Commonwealth. 
The}^ shall in all cases, except treason, felo- 
ny and breach or surety of the peace, be 
privileged from arrest during their attend- 
ance at the session of their respective 
Houses, and in going to and returning from 
the same. And for any speech or debate in 
either House they shall not be questioned 
in any other place. 

Sect. XVIII. No Senator or Representa- 
tive shall, during the time for which he 
shall have been elected, be appointed to 
any civil office under this Commonwealth 
which shall have been created, or the emo- 
luments of which shall have been increased 
during such time; and no member of Con- 
gress or other person holding any office, 
(except of attorney at law and in the mi- 
litia) under the United States or this Com- 
monwealth, shall be a member of either 
House during his continuance in Congress 
or in office. 

Sect. XIX. When vacancies happen in 
either House the Speaker shall issue writs of 
election to fill such vacancies. 

Sect. XX. All bills for raising revenue 
shall originate in the House of Representa- 
tives, but the Senate may propose amend- 
ments as in other bills. 

Sect. XXI. No money shall be drawn 
from the treasury but in consequence of ap- 
propriations made by law. 

Sect. XXII. Every bill which shall 
have passed both Houses shall be presented 
to the Governor. If he approve he shall 
sign it, but if he shall not approve he shall 
return it with his objections to the House in 
which it shall have originated, who shall 
enter the objections at large upon their jour- 
nals and proceed to reconsider it. If, after 
such reconsideration, two-thirds of that 
House shall agree to pass the bill, it shall be 
sent with the objections to the other House, 



Constitution off 1838. 
{Amendments in Italics.) 
any two of them, be entered on the jour- 
nals. 

Sect. XVI. The doors of each House 
and of Committees of the Whole shall be 
open, unless when the business shall be 
such as ought to be kept secret. 

Sect. XVII. Neither House shall, with- 
out the consent of the other, adjourn for 
more than three days, nor to any other 
place than that in which the two Houses 
shall be sitting. 

Sect. XVIII. The Senators and Represen- 
tatives shall receive a compensation for their 
services to be ascertained by law, and paid 
out of the treasury of the Commonwealth. 
They shall in all cases, except treason, felo- 
ny and breach or surety of the peace, be 
privileged from arrest during their attend- 
ance at the session of their respective 
Houses, and in going to and returning from 
the same. And for any speech or debate in 
either House they shall not be questioned 
in any other place. 

Sect. XIX. No Senator or Representa- 
tive shall, during the time for which he 
shall have been elected, be appointed to 
any civil office under this Commonwealth 
which shall have been created, or the emo- 
luments of which shall have been increased 
during such time; and no member of Con- 
gress or other person holding any office, 
(except of attorney at law and in the mi- 
litia) under the United States or this Com- 
monwealth, shall be a member of either 
House during his continuance in Congress 
or in office. 

Sect. XX. When vacancies happen in 
either House the Speaker shall issue writs of 
election to fill such vacancies. 

Sect. XXI. All bills for raising revenue 
shall originate in the House of Representa- 
tives, but the Senate may propose amend- 
ments as in other bills. 

Sect. XXII. No money shall be drawn 
from the treasury but in consequence of ap- 
propriations made by law. 

Sect. XXIII. Every bill which shall 
have passed both Houses shall be presented 
to the Governor. If he approve he shall 
sign it, but if he shall not approve he shall 
return it with his objections to the House in 
which it shall have originated, who shall 
enter the objections at large upon their jour- 
nals and proceed to reconsider it. If, after 
such reconsideration, two-thirds of that 
House shall agree to pass the bill, it shall be 
sent with the objections to the other House, 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



Constitution oft 1790. 

(Parts stricken out in Italics.) 
by which likewise it shall be reconsidered, 
and if approved by two-thirds of that House, 
it shall be a law. But in such cases the 
votes of both Houses shall be determined 
by yeas and nays, and the names of the per- 
sons voting for or against the bill shall be 
entered on the journals of each House re- 
spectively. If any bill shall not be returned 
by the Governor within ten days (Sundays 
excepted) after it shall have been presented 
to him, it shall be a law in like manner as if 
he had signed it, unless the General Assem- 
bly, by their adjournment, prevented its re- 
turn, in which case it shall be a law, unless 
sent back within three days after their next 
meeting. 

Sect. XXIII. Every order, resolution or 
vote to which the concurrence of both 
Houses may be necessary (except on a 
question of adjournment) shall be presented 
to the Governor, and before it shall take 
effect, be approved by him, or being dis- 
approved, shall be repassed by two-thirds 
of both Houses according to the rules and 
limitations prescribed in case of a bill. 



Constitution of 1838. 
(Amendments in Italics.) 

by which likewise it shall be reconsidered, 
and if approved by two-thirds of that House, 
it shall be a law. But in such cases the 
votes of both Houses shall be determined 
by yeas and nays, and the names of the per- 
sons voting for or against the bill shall be 
entered on the journals of each House re- 
spectively. If any bill shall not be returned 
by the Governor within ten days (Sundays 
excepted) after it shall have been presented 
to him, it shall be a law in like manner as if 
he had signed it, unless the General Assem- 
bly, by their adjournment, prevented its re- 
turn, in which case it shall be a law, unless 
sent back within three days after their next 
meeting. 

Sect. XXIV. Every order, resolution or 
vote to which the concurrence of both 
Houses may be necessary (except on a 
question of adjournment) shall be presented 
to the Governor, and before it shall take 
effect, be approved by him, or being dis- 
approved, shall be repassed by two-thirds 
of both Houses according to the rules and 
limitations prescribed in case of a bill. 

Sect. XXV. No corporate body shall 
be hereafter created, renewed or extended 
with banking or discounting privileges, 
without six months' previous public no- 
tice of the application for the same in 
such manner as shall be prescribed by 
law. Nor shall any charter for the pur- 
poses aforesaid, be granted for a longer 
period, than tiventy years, and every such 
charter shall contain a clause reserving 
to the Legislature the power to alter, re- 
voke or annul the same, whenever in their 
opinion it may be injurious to the citi- 
zens of the Commonwealth, in such man- 
ner, however, that no injustice shall be 
done to the corporators. No law hereafter 
enacted, shall create, renew, or extend the 
charter of more than one corporation. 



ARTICLE II. 



ARTICLE II. 



Sect. I. The Supreme Executive power 
of this Commonwealth shall be vested in a 
Governor. 

Sect. II. The Governor shall be chosen 
on the second Tuesday of October, by the 
citizens of the Commonwealth, at the places 
where they shall respectively vote for Re- 
presentatives. The returns of every elec- 
tion for Governor shall be sealed up and 
transmitted to the seat of government, di- 



Sect. I. The Supreme Executive power 
of this Commonwealth shall be vested in a 
Governor. 

Sect. II. The Governor shall be chosen 
on the second Tuesday of October, by the 
citizens of the Commonwealth, at the places 
where they shall respectively vote for Re- 
presentatives. The returns of every elec- 
tion for Governor shall be sealed up and 
transmitted to the seat of government, di- 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



Constitution of 1790. 

{Parts stricken out in Italics.) 

rected to the Speaker of the Senate, who 
shall open and publish them in the presence 
of the members of both Houses of the Le- 
gislature. The person having the highest 
number of votes shall be Governor. But if 
two or more shall be equal and highest in 
votes, one of them shall be chosen Gover- 
nor by the joint vote of the members of both 
Houses. Contested elections shall be deter- 
mined by a committee to be selected from 
both Houses of the Legislature, and formed 
and regulated in such manner as shall be 
directed by law. 

Sect. III. The Governor shall hold his 
office during three years from the third 
Tuesday of December next ensuing his 
election, and shall not be capable of holding 
it longer than nine in any term of twelve 
years. 

Sect. IV. He shall be at least thirty 
years of age, and have been a citizen and an 
inhabitant of this State seven years next be- 
fore his election; unless he shall have been 
absent on the public business of the United 
States, or of this State. 

Sect. V. No member of Congress or 
person holding any office under the United 
States or this State, shall exercise the office 
of Governor. 

Sect. VI. The Governor shall at stated 
times receive for his services, a compen- 
sation, which shall be neither increased nor 
diminished during the period for which he 
shall have been elected. 

Sect. VII. He shall be commander-in- 
chief of the army and navy of this Common- 
wealth, and of the militia, except when they 
shall be called into the actual service of the 
United States. 

Sect. VIII. He shall appoint all offi- 
cers, whose offices are established by this 
Constitution, or shall be established by 
law, and whose appointments are not 
herein otherwise provided for; but no per- 
son shall be appointed to an office within 
any county, who shall not have been a 
citizen and inhabitant therein one year 
next before his appointment, if the county 
shall have been so long erected; but if it 
shall not have been so long erected, then 
within the limits of the county or coun- 
ties out of which it shall have been taken. 
No member of Congress from this State, 
nor any person holding or exercising any 
office of trust or profit under the United 
States, shall at the same time hold or ex- 
ercise the office of judge, secretary, trea- 



Constifution of 1838. 
(Amendments in Italics.) 

rected to the Speaker of the Senate, who 
shall open and publish them in the presence 
of the members of both Houses of the Le- 
gislature. The person having the highest 
number of votes shall be Governor. But if 
two or more shall be equal and highest in 
votes, one of them shall be chosen Gover- 
nor by the joint vote of the members of both 
Houses. Contested elections shall be deter- 
mined by a committee to be selected from 
both Houses of the Legislature, and formed 
and regulated in such manner as shall be 
directed by law. 

Sect. III. The Governor shall hold his 
office during three years from the third 
Tuesday of January next ensuing his elec- 
tion, and shall not be capable of holding 
it longer than six in any term of nine 
years. 

Sect. IV. He shall be at least thirty 
years of age, and have been a citizen and an 
inhabitant of this State seven years next be- 
fore his election; unless he shall have been 
absent on the public business of the United 
States, or of this State. 

Sect. V. No member of Congress or 
person holding any office under the United 
States or this State, shall exercise the office 
of Governor. 

Sect. VI. The Governor shall at stated 
times receive for his services, a compen- 
sation, which shall be neither increased nor 
diminished during the period for which he 
shall have been elected. 

Sect. VII. He shall be commander-in- 
chief of the army and navy of this Common- 
wealth, and of the militia, except when they 
shall be called into the actual service of the 
United States. 

Sect. VIII. He shall appoint a Secre- 
tary of the Commonwealth during plea- 
sure, and he shall nominate and by and 
with the advice and consent of the Senate 
appoint all judicial officers of Courts of 
Record, unless otherwise provided for in 
this Constitution. He shall have power 
to fill all vacancies that may happen in 
such judicial offices during the recess of 
the Senate, by granting commissions 
which shall expire at the end of their 
next session: Provided, That in acting 
on executive nominations the Senate shall 
sit with open doors, and in confirming or 
rejecting the nominations of the Govern- 
or, the vote shall be taken by yeas and 
nays. 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



Const itBition of 1790. 

{Parts stricken out in Italics.) 

surer, prothonotary, register of wills and 
recorder of deeds, sheriff, or any office in 
this State to ivhich a salary is by laiv an- 
nexed, or any other office which future 
Legislatures shall declare incompatible 
with offices or appointments under the 
United States. 

SecT. IX. He shall have power to remit 
fines and forfeitures, and grant reprieves 
and pardons, except in cases of impeach- 
ment. 

Sect. X. He may require information in 
writing, from the officers in the executive 
department, on any subject relating to the 
duties of their respective offices. 

Sect. XI. He shall, from time to time, 
give to the General Assembly information 
of the state of the Commonwealth, and re- 
commend to their consideration such mea- 
sures as he shall judge expedient. 

Sect. XII. He may, on extraordinary oc- 
casions, convene the General Assembly; and 
in case of disagreement between the two 
Houses, with respect to the time of adjourn- 
ment, adjourn them to such time as he shall 
think proper, not exceeding four months. 

Sect. XIII. He shall take care that the 
laws be faithfully executed. 

Sect. XIV. In case of the death or re- 
signation of the Governor, or his removal 
from office, the Speaker of the Senate shall 
exercise the office of Governor, until ano- 
ther Governor shall be duly qualified. And 
if the trial of a contested election shall con- 
tinue longer than until the third Tuesday 
in December next ensuing the election of 
Governor, the Governor of the last year, or 
the Speaker of the Senate who may be in 
the exercise of the executive authority, 
shall continue therein until the determina- 
tion of such contested election, and until a 
Governor shall be qualified as aforesaid. 



Constitution of 1§38. 
(Amendments in Italics.) 



Sect. XV. *d Secretary shall be appoint- 
ed and commissioned during the Gover- 
nor's continuance in office, if he shall so 
long behave himself well. He shall keep 
a fair register of all the official acts and pro- 
ceedings of the Governor, and shall, when 



Sect. IX. He shall have power to remit 
fines and forfeitures, and grant reprieves 
and pardons, except in cases of impeach- 
ment. 

Sect. X. He may require information in 
writing, from the officers in the executive 
department, on any subject relating to the 
duties of their respective offices. 

Sect. XI. He shall, from time to time, 
give to the General Assembly information 
of the state of the Commonwealth, and re- 
commend to their consideration such mea- 
sures as he shall judge expedient. 

Sect. XII. He may, on extraordinary oc- 
casions, convene the General Assembly; and 
in case of disagreement between the two 
Houses, with respect to the time of adjourn- 
ment, adjourn them to such time as he shall 
think proper, not exceeding four months. 

Sect. XIII. He shall take care that the 
laws be faithfully executed. 

Sect. XIV. In case of the death or re- 
signation of the Governor, or his removal 
from office, the Speaker of the Senate shall 
exercise the office of Governor, until ano- 
ther Governor shall be duly qualified; but 
in such case another Governor shall be 
chosen at the next annual election of Re- 
presentatives, unless such death, resigna- 
tion, or removal shall occur within three 
calendar months immediately preceding 
such next annual election, in which case 
a Governor shall be chosen at the second 
succeeding annual election of Represen- 
tatives. And if the trial of a contested 
election shall continue longer than until the 
third Monday of January next ensuing 
the election of Governor, the Governor of 
the last year, or the Speaker of the Senate 
who may be in the exercise of the execu- 
tive authority, shall continue therein until 
the determination of such contested elec- 
tion, and until a Governor shall be duly 
qualified as aforesaid. 

Sect. XV. The Secretary of the Com- 
monwealth shall keep a fair register of all 
the official acts and proceedings of the Go- 
vernor, and shall, when required, lay the 
same and all papers, minutes and vouchers 
relative thereto, before either branch of the 



8 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



Constitution of 1790. 

(Parts stricken out in Italics.) 

required, lay the same and all papers, mi- 
nutes and vouchers relative thereto, before 
either branch of the Legislature, and shall 
perform such other duties as shall be enjoin- 
ed him by law. 

ARTICLE III. 



Constitution of 183$. 
(Amendments in Italics.) 

Legislature, and shall perform such other 
duties as shall be enjoined him by law. 



ARTICLE III. 



Sect. I. In elections by the citizens ', 
every freeman of the age of twenty-one 
years, having resided in the State two 
years, next before the elections, and with- 
in that time paid a state or county tax, 
which shall have been assessed at least six 
months before the election, shall enjoy the 
rights of an elector: Provided, That the 
sons of persons qualified as aforesaid, be- 
tween the ages of twenty -one and twenty - 
two years, shall be entitled to vote, al- 
though they shall not have paid taxes. 



Sect. II. All elections shall be by ballot, 
except those by persons in their representa- 
tive capacities, who shall vote viva voce. 

Sect. III. Electors shall in all cases, ex- 
cept treason, felony, and breach of surety 
of the peace, be privileged from arrest du- 
ring their attendance on elections, and in 
going to and returning from them. 



Sect. I. In elections by the citizens, 
every white freeman of the age of twenty - 
one years, having resided in this State 
one year, and in the election district where 
he offers to vote, ten days immediately 
preceding such election, and within two 
years paid, a state or county tax, which 
shall have been assessed at least ten days 
before the election, shall enjoy the rights 
of an elector. But a citizen of the United 
States, who had previously been a quali- 
fied voter of this State, and removed there- 
from and returned, and who shall have 
resided in the election district, and paid 
taxes as aforesaid, shall be entitled to 
vote, after residing in the State six 
months: Provided, That white freemen, 
citizens of the United States, between the 
ages of twenty-one and twenty-two years, 
and having resided in the State one year, 
and in the election district ten days as 
aforesaid, shall be entitled to vote, al- 
though they shall not have paid taxes. 

Sect. II. All elections shall be by ballot, 
except those by persons in their representa- 
tive capacities, who shall vote viva voce. 

Sect. III. Electors shall in all cases, ex- 
cept treason, felony, and breach of surety 
of the peace, be privileged from arrest du- 
ring their attendance on elections, and in 
going to and returning from them. 



ARTICLE IV. (Unaltered.) 

Sect. I. The House of Representatives shall have the sole power of impeaching. 

Sect. II. All impeachments shall be tried by the Senate : When sitting for that pur- 
pose, the Senators shall be upon oath or affirmation. No person shall be convicted, 
without the concurrence of two-thirds of the members present. 

Sect. III. The Governor, and all other civil officers under this Commonwealth, shall 
be liable to impeachment for any misdemeanor in office ; but judgment, in such cases, 
shall not extend further than to removal from office, and disqualification to hold any office 
of honour, trust, or profit, under this Commonwealth : the party, whether convicted or 
acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment, 
according to law. 



ARTICLE V. 



ARTICLE V. 



Sect. I. The judicial power of this Com- Sect. I. The judicial power of this Com- 
monwealth shall be vested in a supreme monwealth shall be vested in a supreme 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



Constitution of 1790. 

(Parts stricken out in Italics.) 

court, in courts of oyer and terminer and 
general jail delivery, in a court of com- 
mon pleas, orphans' court, register's court, 
and a court of quarter sessions of the 
peace, for each county; in justices of the 
peace, and in such other courts as the 
Legislature may, from time to time, esta- 
blish. 

Sect. II. The judges of the supreme 
court and of the several courts of com- 
mon pleas, shall hold their offices during 
good behaviour : But for any reasonable 
cause, which shall not be sufficient ground 
of impeachment , the Governor may re- 
move any of them on the address of two- 
thirds of each branch of the Legislature. 
The judges of the supreme court, and the 
presidents of the several courts of com- 
mon pleas, shall, at stated times, receive 
for their services an adequate compensa- 
tion, to be fixed by law, which shall not 
be diminished during their continuance 
in office; but they shall receive no fees or 
perquisites of office, nor hold any other 
office of profit under this Commonwealth. 

Sect. III. The jurisdiction of the su- 
preme court shall extend over the State; 
and the judges thereof shall, by. virtue of 
their offices, be justices of oyer and ter- 
miner and general jail delivery, in the 
several counties. 

Sect. IV. Until it shall be otherwise 
directed by law, the several courts of 
common pleas shall be established in the 
following manner: The Governor shall 
appoint, in each county, not fewer than 
three, nor mere than four judges, who, 
during their continuance in office, shall 
reside in such county. The State shall 
be, by law, divided into circuits, none of 
which shall include more than six, nor 
fewer than three counties. Ji president 
shall be appointed of the courts in each 
circuit, who, during his continuance in 
office, shall reside therein. The president 
and judges, any two of whom shall be 
a quorum, shall compose the respective 
courts of common pleas. 



Sect. V. The judges of the court of com- 
mon pleas, in each county, shall, by virtue 



Constitution of 1838. 
(Amendments in Italics.) 
court, in courts of oyer and terminer and 
general jail delivery, in a court of com- 
mon pleas, orphans' court, register's court, 
and a court of quarter sessions of the 
peace, for each county; in justices of the 
peace, and in such other courts as the 
Legislature may, from time to time, esta- 
blish. 

Sect. II. The judges of the supreme 
court, of the several courts of common 
pleas, and of such other courts of record 
as are or shall be established by law, shall 
be nominated by the Governor, and by 
and with the consent of the Senate ap- 
pointed and commissioned by him. The 
judges of the supreme court shall hold 
their offices for the term of fifteen years, 
if they shall so long behave themselves 
well. The president judges of the several 
courts of common pleas, and of such 
other courts of record as are or shall be 
established by law, and all other judges 
required to be learned in the law, shall 
hold their offices for the term of ten years, 
if they shall so long behave themselves 
well. The associate judges of the courts 
of common pleas shall hold their offices 
for the term of five years, if they shall so 
long behave themselves well. But for any 
reasonable cause, which shall not be suf- 
ficient ground of impeachment, the Go* 
vernor may remove any of them on the 
address of two-thirds of each branch of 
the Legislature. The judges of the su- 
preme court, and the presidents of the 
several courts of common pleas, shall at 
stated limes receive for their services an 
adequate compensation to be fixed by law, 
which shall not be diminished during 
their continuance in office; but they shall 
receive no fees or perquisites of office, nor 
hold any other office of profit under this 
Commonwealth. 

Sect. III. Until otherwise directed by 
law, the courts of common pleas shall 
continue as at present established. Not 
more than five counties shall at any time 
be included in one judicial district orga- 
nized for said courts. 

Sect. IV. The jurisdiction of the su^ 
preme court shall extend over the State; 
and the judges thereof shall, by virtue of 
their offices, be justices of oyer and termir 
ner and general jail delivery, in the several 
counties. 

Sect. V. The judges of the court of com- 
mon pleas, in each county, shall, by virtue 



10 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA, 



Constitution of 1790. 

{Parts stricken out in Italics.) 

of their offices, be justices of oyer and termi- 
ner and general jail delivery, for the trial of 
capital and other offenders therein; any two 
of said judges, the president being one, shall 
be a quorum; but they shall not hold a court 
of oyer and terminer, or jail delivery, in 
any county, when the judges of the supreme 
court, or any of them, shall be sitting in the 
same county. The party accused, as well 
as the Commonwealth, may, under such 
regulations as shall be prescribed by law, 
remove the indictment and proceedings, or 
a transcript thereof, into the supreme court. 

Sect. VI. The supreme court, and the 
several courts of common pleas, shall, be- 
side the powers heretofore usually exercised 
by them, have the powers of a court of chan- 
cery, so far as relates to the perpetuating of 
testimony, the obtaining of evidence from 
places not within the State, and the care of 
the persons and estates of those who are non 
compotes mentis. And the Legislature shall 
vest in the said courts such other powers to 
grant relief in equity, as shall be found 
necessary ; and may, from time to time, en- 
large or diminish those powers or vest them 
in such other courts as they shall judge pro- 
per, for the due administration of justice. 

Sect. VII. The judges of the court of 
common pleas of each county, any two of 
whom shall be a quorum, shall compose the 
court of quarter sessions of the peace, and 
orphans' court thereof; and the register of 
wills, together with the said judges, or any 
two of them, shall compose the register's 
court of each county. 

Sect. VIII. The judges of the courts of 
common pleas shall, within their respective 
counties, have like powers with the judges 
of the supreme court, to issue writs of cer- 
tiorari to the justices of the peace, and to 
cause their proceedings to be brought before 
them, and the like right and justice to be 
done. 

Sect. IX. The president of the court in 
each circuit within such circuit, and the 
judges of the court of common pleas within 
their respective counties, shall be justices 
of the peace, so far as relates to criminal 
matters. 

Sect. X. The Governor shall appoint 
a competent number of justices of the 
peace in such convenient districts in each 
county, as are or shall be directed by law. 
They shall be commissioned during good 
behaviour; but may be removed on con- 
viction of misbehaviour in office, or of any 



Constitution of 1S3S, 

{Amendments in Italics.) 
of their offices, be justices of oyer and termi- 
ner and general jail delivery, for the trial of 
capital and other offenders therein ; any two 
of said judges, the president being one, shall 
be a quorum; but they shall not hold a court 
of oyer and terminer, or jail delivery, in 
any county, when the judges of the supreme 
court, or any of them shall be sitting in the 
same county. The party accused, as well 
as the Commonwealth, may, jander such 
regulations as shall be prescribed by law y 
remove the indictment and proceedings, or 
a transcript thereof, into the supreme court. 

Sect. VI. The supreme court, and the 
several courts of common pleas, shall, be- 
side the powers heretofore usually exercised 
by them, have the powers of a court of chan- 
cery, so far as relates to the perpetuating of 
testimony, the obtaining of evidence from 
places not within the State, and the care of 
the persons and estates of those who are non 
compotes mentis. And the Legislature shall 
Vest in the said courts such other powers to 
grant relief in equity, as shall be found 
necessary; and may, from time to time, en- 
large or diminish those powers or vest them 
in such other courts as they shall judge pro- 
per, for the due administration of justice- 

Sect. VII. The judges of the court of 
common pleas of each county, any two of 
whom shall be a quorum, shall compose the 
court of quarter sessions of the peace, and 
orphans' court thereof; and the register of 
wills, together with the said judges, or any 
two of them, shall compose the register's 
court of each county. 

Sect. VIII. The judges of the courts of 
common pleas shall, within their respective 
counties, have like powers with the judges 
of the supreme court, to issue writs of cer- 
tiorari to the justices of the peace, and to 
cause their proceedings to be brought before 
them, and the like right and justice to be 
done. 

Sect. IX. The president of the court in 
each circuit within such circuit, and the 
judges of the court of common pleas within 
their respective counties, shall be justices 
of the peace, so far as relates to criminal 
matters. 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



II 



Constitution of 1790. 

(Parts stricken out in Italics.) 

infamous crime, on the address of both 
houses of the Legislature. 

Sect. XI. A register's office, for the pro- 
bate of wills and granting letters of adminis- 
tration, and an office for the recording of 
deeds, shall be kept in each county. 

Sect. XII. The style of all process shall 
be " The Commonwealth of Pennsylvania." 
All prosecutions shall be carried on in the 
name and by the authority of the Com- 
monwealth of Pennsylvania, and conclude, 
"against the peace and dignity of the same." 



Constitution of 1838. 

(Amendments in Italics.) 



Sect. X. A register's office, for the pro- 
bate of wills and granting letters of adminis- 
tration, and an office for the recording of 
deeds, shall be kept in each county. 

Sect. XL The style of all process shall 
be "The Commonwealth of Pennsylvania." 
All prosecutions shall be carried on in the 
name and by the authority of the Com- 
monwealth of Pennsylvania, and conclude, 
" against the peace and dignity of the same." 



ARTICLE VI. 

Sect. I. Sheriffs and coroners shall, at 
the times and places of election of repre- 
sentatives, be chosen by the citizens of each 
county. Two persons shall be chosen for 
each office, one of whom for each respec- 
tively, shall be appointed by the Governor. 
They shall hold their offices for three years, 
if they shall so long behave themselves 
well, and until a successor be duly qualified; 
but no person shall be twice chosen or ap- 
pointed sheriff in any term of six years. 
Vacancies in either of the said offices shall 
be filled by a new appointment, to be made 
by the Governor, to continue until the next 
general election, and until a successor shall 
be chosen and qualified as aforesaid. 

Sect. II. The freemen of this Common- 
wealth shall be armed and disciplined for 
its defence. Those who conscientiously 
scruple to bear arms, shall not be compelled 
to do so, but shall pay an equivalent for per- 
sonal service. The militia officers shall 
be appointed in such manner, and for 
such time, as shall be directed by law. 



ARTICLE VI. 

Sect. I. Sheriffs and coroners shall, at 
the times and places of election of repre- 
sentatives, be chosen by the citizens of each 
county. One person shall be chosen for 
each office, who shall be commissioned by 
the Governor. They shall hold their offices 
for three years, if they shall so long behave 
themselves well, and until a successor be 
duly qualified; but no person shall be twice 
chosen or appointed sheriff in any term of 
six years. Vacancies in either of the said 
offices shall be filled by an appointment, to 
be made by the Governor, to continue until 
the next general election, and until a suc- 
cessor shall be chosen and qualified as afore- 
said. 

Sect. II. The freemen of this Common- 
wealth shall be armed, organized, and dis- 
ciplined for its defence, when and in such 
manner as may be directed by law. Those 
who conscientiously scruple to bear arms, 
shall not be compelled to do so, but shall 
pay an equivalent for personal service. 

Sect. III. Prothonotaries of the su- 
preme court shall be appointed by the 
said court for the term of three years, if 
they so long behave themselves well. Pro- 
thonotaries and clerks of the several other 
courts, recorders of deeds, and registers 
of wills, shall at the times and places of 
election of Representatives, be elected by 
the qualified electors of each county, or 
the districts over which the jurisdiction 
of said courts extends, and shall be com- 
missioned by the Governor. They shall 
hold their offices for three years, if they 
shall so long behave themselves well, and 
until their successors shall be duly quali- 
fied. The Legislature shall provide by 
law the number of persons in each county 



12 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



Constitution of 1790. 

{Parts stricken out in Italics.) 



Sect. III. Prothonotaries, clerks of the 
peace and orphans' courts, recorders of 
deeds, registers of wills, and sheriffs, shall 
keep their offices in the county town of the 
county in which they, respectively, shall be 
officers, unless when the Governor shall, for 
special reasons, dispense therewith, for any 
term not exceeding five years after the 
County shall have been erected. 

Sect. IV. All commissions shall be in the 
name and by the authority of the Common- 
wealth of Pennsylvania, and be sealed with 
the State seal, and signed by the Governor. 

Sect. V. The State Treasurer shall be 
appointed annually, by the joint vote of 
the members of both Houses. All other 
officers in the treasury department, at- 
torneys at law, election officers, officers 
relating to taxes, to the poor and high- 
ways, constables and other township offi- 
cers, shall be appointed in such manner 
as is or shall be directed by law. 



Constitution of 1838. 

(Amendments in Italics.) 

who shall hold said offices, and how many 
and which of said offices shall be held by 
one person. Vacancies in any of the said 
offices shall be filled by appointments to 
be made by the Governor, to continue un- 
til the next general election, and until 
successors shall be elected and qualified 
as aforesaid. 

Sect. IV. Prothonotaries, clerks of the 
peace and orphans' courts, recorders of 
deeds, registers of wills, and sheriffs, shall 
keep their offices in the county town of the 
county in which they, respectively, shall be 
officers, unless when the Governor shall, for 
special reasons, dispense therewith, for any 
term not exceeding five years after the 
county shall have been erected. 

Sect. V. All commissions shall be in the 
name and by the authority of the Common- 
wealth of Pennsylvania, and be sealed with 
the State seal, and signed by the Governor. 

Sect. VI. A State Treasurer shall be 
elected annually, by joint vote of both 
branches of the Legislature. 

Sect. VII. Justices of the peace or al- 
dermen shall be elected in the several 
wards, boroughs, and townships, at the 
time of the election of constables by the 
qualified voters thereof, in such number 
as shall be directed by law, and shall be 
commissioned by the Governor for a term 
of five years. But no township, ward or 
borough shall elect more than two jus- 
tices of the- peace or aldermen without 
the consent of a majority of the qualified 
electors within such toivnship, ward or 
borough. 

Sect. VIII. All officers whose election 
or appointment is not provided for in this 
Constitution, shall be elected or appointed 
as shall be directed by law. No person 
shall be appointed to any office within 
any county who shall not have been a 
citizen and an inhabitant therein one 
year next before his appointment, if the 
county shall have been so long erected ; 
but if it shall not have been so long erect- 
ed, then within the limits of the county or 
counties out of which it shall have been 
taken. No member of Congress from this 
State, or any person holding or exercising 
any office or appointment of trust or pro- 
fit under the United States, shall at the 
same time hold or exercise any office in 
this State, to which a salary is, or fees or 
perquisites are by law, annexed; and the 
Legislature may by law declare what 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



13 



Constitution of 1790. 

{Parts stricken out in Italics.) 



Constitution of 1838. 
(Amendments in Italics.) 

state offices are incompatible. No mem- 
ber of the Senate or of the House of Re- 
presentatives shall be appointed by the 
Governor to any office during the term 
for which he shall have been elected. 

Sect. IX. All officers for a term of 
years shall hold their offices for the terms 
respectively specified, only on the condi- 
tion that they so long behave themselves 
well ; and shall be removed on conviction 
of misbehaviour in office or of any infa- 
mous crime. 

Sect. X. Any person who shall, after 
the adoption of the amendments proposed 
by this Convention to the Constitution, 
fight a duel, or send a challenge for that 
purpose, or bg. aider or abettor in fighting 
a duel, shall be deprived of the right of 
holding any office of honour or profit in 
this State, and shall be punished other- 
wise in such manner as is, or may be pre- 
scribed by law ; but the executive may 
remit the said offence and all its disquali- 
fications. 



ARTICLE VII. 



ARTICLE VII. 



Sect. I. The Legislature shall, as soon as 
conveniently may be, provide, by law, for 
the establishment of schools throughout the 
State, in such manner that the poor may be 
taught gratis. 

Sect. II. The arts and sciences shall be 
promoted in one or more seminaries of 
learning. 

Sect. III. The rights, privileges, immu- 
nities and estates of religious societies and 
corporate bodies, shall remain as if the Con- 
stitution of this State had not been altered 
or amended. 



Sect. I. The Legislature shall, as soon as 
conveniently may be, provide, by law, for 
the establishment of schools throughout the 
State, in such manner that the poor may be 
taught gratis. 

Sect. II. The arts and sciences shall be 
promoted in one or more seminaries of 
learning. 

Sect. III. The rights, privileges, immu- 
nities and estates of religious societies and 
corporate bodies, shall remain as if the Con- 
stitution of this State had not been altered 
or amended. 

Sect. IV. The Legislature shall not 
invest any corporate body or individual 
with the privilege of taking private pro- 
perty for public use, without requiring 
such corporation or individual to make 
compensation to the owners of said pro- 
perty, or give adequate security therefor, 
before such property shall be taken. 



ARTICLE VIII. {Unaltered.) 

Members of the General Assembly and all officers, executive and judicial, shall be 
bound by oath or affirmation to support the Constitution of this Commonwealth, and to 
perform the duties of their respective offices with fidelity. 



14 AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 



ARTICLE IX. {Unaltered.) 

That the general, great and essential principles of liberty and free government may be 
recognised and unalterably established, WE DECLARE, 

Sect. I. That all men are born equally free and independent, and have certain inhe- 
rent and indefeasible rights, among which are those of enjoying and defending life and 
liberty, of acquiring, possessing and protecting property and reputation, and of pursuing 
their own happiness. 

Sect. II. That all power is inherent in the people, and all free governments are 
founded on their authority, and instituted for their peace, safety, and happiness: For the 
advancement of those ends, they have, at all times, an unalienable and indefeasible right 
to alter, reform, or abolish their government, in such manner as they may think proper. 

Sect. III. That all men have a natural and indefeasible right to worship Almighty God 
according to the dictates of their own consciences; that no man can, of right, be com- 
pelled to attend, erect, or support any place of worship, or to maintain any ministry 
against his consent; that no human authority can, in any case whatever, control or inter- 
fere with the rights of conscience; and that no preference shall ever be given, by law, to 
any religious establishments or modes of worship. 

Sect. IV. That no person who acknowledges the being of a God and a future state of 
rewards and punishments, shall, on account of his religious sentiments, be disqualified to 
hold any office or place of trust or profit under this Commonwealth. 

Sect. V. That elections shall be free and equal. 

Sect. VI. That trial by jury shall be as heretofore, and the right thereof remain in- 
violate. 

Sect. VII. That the printing presses shall be free to every person, who undertakes to 
examine the proceedings of the Legislature or any branch of government: and no law 
shall ever be made to restrain the right thereof. The free communication of thoughts 
and opinions is one of the invaluable rights of man; and every citizen may freely speak, 
write and print on any subject, being responsible for the abuse of that liberty. In prose- 
cutions for the publication of papers, investigating the official conduct of officers, or men 
in a public capacity, or where the matter published is proper for public information, the 
truth thereof may be given in evidence; and, in all indictments for libels, the jury shall 
have a right to determine the law and the facts, under the direction of the court, as in 
other cases. 

Sect. VIII. That the people shall be secure in their persons, houses, papers and pos- 
sessions, from unreasonable searches and seizures; and that no warrant to search any 
place, or to seize any person or things, shall issue without describing them as nearly as 
may be, nor without probable cause, supported by oath or affirmation. 

Sect. IX. That in all criminal prosecutions, the accused hath a right to be heard by 
himself and his counsel, to demand the nature and cause of the accusation against him, to 
meet the witnesses face to face, to have compulsory process for obtaining witnesses 
in his favour, and in prosecutions by indictment or information, a speedy trial by an 
impartial jury of the vicinage: That he cannot be compelled to give evidence against 
himself, nor can he be deprived of his life, liberty or property, unless by the judgment 
of his peers or the law of the land. 

Sect. X. That no person shall, for any indictable offence, be proceeded against crimi- 
nally by information; except in cases arising in the land or naval forces, or in the militia 
when in actual service in time of war or public danger; or by leave of the court for 
oppression and misdemeanor in office. No person shall for the same offence be twice put 
in jeopardy of life or limb; nor shall any man's property be taken, or applied to public 
use, without the consent of his representatives, and without just compensation being 
made. 

Sect. XL That all courts shall be open, and every man for an injury done him in his 
lands, goods, person or reputation, shall have remedy by the due course of law, and right 
and justice administered without sale, denial or delay. Suits may be brought against the 
Commonwealth in such manner, in such courts, and in such cases, as the Legislature may, 
by law, direct. 



AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 15 

Sect. XIl. That no power of suspending laws shall be exercised, unless by the Legis- 
lature, or its authority. 

Sect. XIII. That excessive bail shall not be required, nor excessive fines imposed, nor 
cruel punishments inflicted. 

Sect. XIV. That all prisoners shall be bailable by sufficient sureties, unless for capital 
offences, when the proof is evident or presumption great: and the privilege of the writ 
of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the 
public safety may require it. 

Sect. XV. That no commission of oyer and terminer or jail delivery shall be issued. 

Sect. XVI. That the person of a debtor, where there is not strong presumption of 
fraud, shall not be continued in prison after delivering up his estate for the benefit of his 
creditors in such manner as shall be prescribed by law. 

Sect. XVII. That no ex post facto law, nor any law impairing contracts, shall be made. 

Sect. XVIII. That no person shall be attainted of treason or felony by the Legislature. 

Sect. XIX. That no attainder shall work corruption of blood; nor, except during the 
life of the offender, forfeiture of estate to the Commonwealth : that the estates of such 
persons as shall destroy their own lives, shall descend or vest as in case of natural death ; 
and if any person shall be killed by casualty, there shall be no forfeiture by reason 
thereof. 

Sect. XX. That the citizens have a right, in a peaceable manner, to assemble together 
for their common good, and to apply to those invested with the powers of government for 
redress of grievances, or other proper purposes, by petition, redress, or remonstrance. 

Sect. XXI. That the right of the citizens to bear arms, in defence of themselves and 
the State, shall not be questioned. 

Sect. XXII. That no standing army shall, in time of peace, be kept up, without the 
consent of the Legislature; and the military shall, in all cases, and at all times, be in strict 
subordination to the civil power. 

Sect. XXIII. That no soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a manner to be prescribed 
by law. 

Sect. XXIV. That the Legislature shall not grant any title of nobility or hereditary 
distinction, nor create any office the appointment to which shall be for a longer term than 
during good behaviour. 

Sect. XXV. That emigration from the State shall not be prohibited. 

Sect. XXVI. To guard against transgressions of the high powers which we have dele- 
gated, WE DECLARE, that every thing in this article is excepted out of the general 
powers of government, and shall for ever remain inviolate. 

ARTICLE X. {New Article.) 

Any amendment or amendments to this Constitution may be proposed in the Se- 
nate or House of Representatives, and if the same shall be agreed to by a majority 
of the members elected to each House, such proposed amendment or amendments 
shall be entered on their Journals, with the yeas and nays taken thereon, and the 
Secretary of the Commonwealth shall cause the same to be published three months 
before the next election, in at least one newspaper in every county in which a news- 
paper shall be published; and if in the Legislature next afterwards chosen, such pro- 
posed amendment or amendments shall be agreed to by a majority of the members 
elected to each House, the Secretary of the Commonwealth shall cause the same again 
to be published in manner aforesaid, and such proposed amendment or amendments 
shall be submitted to the people in such manner and at such time, at least three 
months after being so agreed to by the two Houses, as the Legislature shall pre- 
scribe; and if the people shall approve and ratify such amendment or amendments 
by a majority of the qualified voters of this State voting thereon, such amendment 
or amendments shall become a part of the Constitution, but no amendment or 
amendments shall be submitted to the people oftener than once in five years : Pro- 
vided, that if more than one amendment be submitted, they shall be submitted in 
such manner and form, that the people may vote for or against each amendment 
separately and distinctly. 



16 AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA. 

SCHEDULE. 

That no inconvenience may arise from the alterations and amendments in the Consti- 
tution of this Commonwealth, and in order to carry the same into complete operation, it 
is hereby declared and ordained, that 

I. All laws of this Commonwealth in force at the time when the said alterations and amendments in the 
said Constitution shall take effect, and not inconsistent therewith, and all rights, prosecutions, actions, claims, 
and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and 
amendments had not been made. 

II. The alterations and amendments in the said Constitution shall take effect from the first day of January, 
eighteen hundred and thirty-nine. 

III. The clauses, sections, and articles of the said Constitution which remain unaltered, shall continue to 
be construed and have effect as if the said Constitution had not been amended. 

IV. The General Assembly which shall convene in December, eighteen hundred and thirty-eight, shall 
continue its session, as heretofore, notwithstanding the provision in the eleventh section of the first article, 
and shall at all times be regarded as the first General Assembly under the amended Constitution. 

V. The Governor who shall be elected in October, eighteen hundred and thirty-eight, shall be inaugurated 
on the third Tuesday in January, eighteen hundred and thirty-nine ; to which time the present executive term 
is hereby extended. 

VI. The commissions of the judges of the supreme court who may be in office on the first day of January 
next, shall expire in the following manner: — The commission which bears the earliest date shall expire on the 
first day of January, Anno Domini one thousand eight hundred and forty-two: the commission next dated 
shall expire on the first day of January, Anno Domini one thousand eight hundred and forty-five: the com- 
mission next dated shall expire on the first day of January, Anno Domini one thousand eight hundred and 
forty-eight: the commission next dated shall expire on the first day of January, Anno Domini one thousand 
eight hundred and fifty-one: and the commission last dated shall expire on the first day of January, Anno 
Domini one thousand eight hundred and fifty-four. 

VII. The commissions of the president judges of the several judicial districts, and of the associate law 
judges of the first judicial district, shall expire as follows : — The commissions of one-half of those who shall 
have held their offices ten years or more, at the adoption of the amendments to the Constitution, shall expire 
on the twenty-seventh day of February, one thousand eight hundred and thirty-nine: the commissions of the 
other half of those who shall have held their offices ten years or more, at the adoption of the amendments to 
the Constitution, shall expire on the twenty-seventh day of February, one thousand eight hundred and forty- 
two: the first half to embrace those whose commissions shall bear the oldest date. The commissions of all 
the remaining judges who shall not have held their offices for ten years at the adoption of the amendments to 
the Constitution, shall expire on the twenty-seventh day of February next after the end of ten years from the 
date of their commissions. 

VIII. The recorders of the several mayors' courts, and other criminal courts in this Commonwealth, shall 
be appointed for the same time and in the same manner as the president judges of the several judicial districts : 
of those now in office, the commission oldest in date shall expire on the twenty-seventh day of February, one 
thousand eight hundred and forty-one, and the others every two years thereafter according to their respective 
dates: those oldest in date expiring first. 

IX. The Legislature, at its first session under the amended Constitution, shall divide the other associate judges 
of the State into four classes. The commissions of those of the first class shall expire on the twenty-seventh 
day of February, eighteen hundred and forty: of those of the second class on the twenty-seventh day of 
February, eighteen hundred and forty-one : of those of the third class on the twenty-seventh day of February, 
eighteen hundred and forty-two : and of those of the fourth class on the twenty-seventh day of February, 
eighteen hundred and forty-three. The said classes, from the first to the fourth, shall be arranged according 
to the seniority of the commissions of the several judges. 

X. Prothonotaries, clerks of the several courts, (except of the supreme court,) recorders of deeds and regis- 
ters of wills, shall be first elected under the amended Constitution, at the election of Representatives in the 
year eighteen hundred and thirty-nine, in such manner as may be prescribed by law. 

XI. The appointing power shall remain as heretofore, and all officers in the appointment of the executive 
department shall continue in the exercise of the duties of their respective offices until the Legislature shall 
pass such laws as may be required by the eighth section of the sixth article of the amended Constitution, and 
until appointments shall be made under such laws; unless their commissions shall be superseded by new ap- 
pointments, or shall sooner expire by their own limitations, or the said offices shall become vacant by death or 
resignation, and such laws shall be enacted by the first Legislature under the amended Constitution. 

XII. The first election for aldermen and justices of the peace shall be held in the year eighteen hundred and 
forty, at the time -fixed for the election of constables. The Legislature, at its first session under the amended 
Constitution, shall provide for the said election, and for subsequent similar elections. The aldermen and jus- 
tices of the peace now in commission, or who may in the interim be appointed, shall continue to discharge 
the duties of their respective offices until fifteen days after the day which shall be fixed by law for the issuing 
of new commissions, at the expiration of which time their commissions shall expire. 

In testimony that the foregoing is the amended Constitution of Pennsylvania, as 
agreed to in Convention, We, the Officers and Members of the Convention, 
have hereunto signed our names, at Philadelphia, the twenty-second day of 
February, Anno Domini one thousand eight hundred and thirty-eight, and of 
the Independence of the United States of America the sixty-second. 

* JOHN SERGEANT, President. 
(Attest,) S. Shoch, Secretary. 

^WttLiAMS^ 53 '? *•*'«* Secretaries. 

(Names of the Delegates omitted.) 

John C. Clark, Printer, 60 Deck Street, Philadelphia 



